Can a defendant rely on hearsay testimony in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Jimenez-Fuentes, 42 F.3d 1403 (9th Cir. 1994):
Although hearsay testimony deprives a defendant of the opportunity to confront the declarant, admission of such testimony is constitutional so long as the prosecution establishes that the hearsay declarant is unavailable and that the hearsay statement bears the indicia of reliability necessary to afford the trier of fact a satisfactory basis for evaluating the truth of the prior statement. Ohio v. Roberts, 448 U.S. 56, 65-66 (1980).
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